Update to ‘How to rent guide’ published
The updated ‘How to rent guide’ has been published and includes the latest advice for landlords and tenants on renting a property in England.
The latest guide must be handed to tenants before they move in because failing to do so might invalidate a Section 21 notice.
This is the second update to the guide in the last six months and provides new information on how to access free legal aid services.
Free legal advice to anyone facing possession proceedings
The Department of Levelling Up, Housing and Communities (DLUHC) said: “The How to Rent guide has been updated with advice on how to access free legal aid services, advice and support, regardless of financial circumstances.”
The new service provides free legal advice to anyone facing possession proceedings.
Information on the Housing Loss Prevention Advice Service (HLPAS) is detailed in the new version. It replaces the Housing Possession Court Duty Schemes (HCPDS), which provides legal advice to tenants at risk of eviction.
Help is available
The HLPAS said: “Help is available from the moment you receive written notice that someone is seeking the possession of your home.
“This might be an email from your landlord or a letter from a creditor. Your financial situation will not affect your right to access this support and you will not need to pay.”
The HLPAS says they can provide legal advice on matters such as: illegal eviction, rent arrears, welfare benefits payments and disrepair and other problems with housing conditions.
Nathan Emerson, chief executive officer, of Propertymark said:“Agents and landlords should now be aware of the updated How to Rent guide and should implement it straight away for any new tenancies to remain complaint with the latest guidelines.
“Where agents and landlords have issued the existing version in advance of the tenancy start date, they should now follow up by issuing the new version of the How to Rent guide, keeping evidence that it has been issued.”
The PDF version of the ‘How to rent guide’ can be downloaded from the.Gov.uk site.
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Member Since March 2015 - Comments: 1969 - Articles: 1
1:10 PM, 2nd October 2023, About 3 years ago
Even with advance notice of this new publication, at 08:30am this morning I signed up a tenant. I printed the H2R guide there-and-then and it was still the March version. I can see now it has changed, but I wonder what the Court would make of my ‘outdated’ version…
Member Since September 2018 - Comments: 3538 - Articles: 5
2:59 PM, 2nd October 2023, About 3 years ago
get a coppy of the new one to T now and them sign receipt of it. Make it clear that the new one was only live to download at X oclock.
Member Since August 2023 - Comments: 12
5:37 PM, 2nd October 2023, About 3 years ago
I send my new tenant email with the digitised copy of the How to Rent guide unless they don’t use email. I assume this is okay. I do this for any prospective tenants whether they rent for me or not. Actually printing this this 18 page document is not very practical for me so I am assuming a digitised version is fine.
Member Since January 2020 - Comments: 1102 - Articles: 1
6:15 PM, 2nd October 2023, About 3 years ago
Reply to the comment left by Kathlyn FitzPatrick at 02/10/2023 – 17:37
I think you’ll find that a copy sent by email is only valid if the tenant has agreed to receive it in this way. In the absence of the tenant’s specific agreement a printed copy must be provided. A link to the website is not sufficient.
Member Since May 2021 - Comments: 392
6:32 PM, 2nd October 2023, About 3 years ago
As I understand it , existing tenants don’t HAVE to be issued with the new one ?
Member Since August 2023 - Comments: 12
6:25 AM, 3rd October 2023, About 3 years ago
To be honest a digitised version has many links to other “useful” websites and it would be impossible to print them all out. I always ask for tenants email addresses and tell them l will send the digitised version but l do show them my printed copy so they know what to expect. I also get them to sign a declaration that they have seen this and other documents (gas, electricity and epc certs). I don’t tell my existing tenants when a new version is produced unless they have a problem which is covered by the new version. So far nobody has had a problem.
Member Since January 2020 - Comments: 1102 - Articles: 1
8:17 AM, 3rd October 2023, About 3 years ago
Reply to the comment left by Kathlyn FitzPatrick at 03/10/2023 – 06:25
No point debating what you think is reasonable, you just need to comply with the rules – see:
https://www.legislation.gov.uk/uksi/2015/1646/made/data.xht?view=snippet&wrap=true
Member Since August 2023 - Comments: 12
9:52 AM, 3rd October 2023, About 3 years ago
I believe after 50 years as a landlord that l understand the changing laws and the need to apply technology. After all we are all encouraged to use the Internet for everyday living. Luckily l am computer literate so no problem there.
Member Since January 2020 - Comments: 1102 - Articles: 1
10:28 AM, 3rd October 2023, About 3 years ago
Reply to the comment left by Kathlyn FitzPatrick at 03/10/2023 – 09:52
You said “I send my new tenant email with the digitised copy of the How to Rent guide unless they don’t use email. I assume this is okay.”
The point is that it is not okay unless “the tenant has notified the landlord, or a person acting on behalf of the landlord, of an e-mail address at which the tenant is content to accept service of notices and other documents given under or in connection with the tenancy”.
Member Since August 2023 - Comments: 12
11:10 AM, 3rd October 2023, About 3 years ago
Precisely, that is exactly what l do.